A resource consent applicant may ask you to give written approval to the application. This is often because the local authority has indicated that it will not notify the application if the written approval of affected parties can be obtained.
Ensure you have sufficient information
Before providing such approval, make sure that the applicant has given you sufficient information to fully assess the impacts of the proposed activity. This includes complete copies of the application, plans and AEE, including any revised plans or other amendments to the application or AEE. Arrange with the applicant to visit the site so you can better assess the impacts of the proposal on the ground. Feel free to discuss the proposal with the applicant if you have any further queries. You may also like to discuss the application with council officers and consult the council file which will give you more historical information.
Make a thorough assessment of the likely impacts
Before giving consent make sure that you have fully identified the effects of the proposal on you or your property (see assessing a resource consent application). You may also wish to consult a lawyer or other professionals if you are unsure about the likely impacts.
Take sufficient time
Do not feel pressured to sign before you have had time to carry out a proper and informed assessment. There are no statutory limits on the time available for you to make a decision on whether or not to give consent. You are under no obligation whatsoever. Should the application be publicly notified in the interim, this will not prevent you from providing your written approval at any time before a hearing is held by the consent authority.
Negotiate changes where required
If you are not happy with the proposal as set out by the applicant, you may be able tonegotiate amendments which address your concerns. Raise these with the applicant, who may well be willing to make changes in order to obtain your consent and thereby avoid public notification. Make sure the plans show the agreed changes before you sign them.
Effect of not giving consent
If you do not give consent, the application is likely to be at least given limited notification and you will have the opportunity to lodge a submission raising your concerns. This is likely to be a much more costly and time-consuming process for the applicant, particularly if a hearing is required.
Effect of giving consent
If you give consent, you will not be able to object to the proposal at a later stage, even if the application is notified. In addition, when assessing the application and deciding whether or not to grant consent, the consent authority will not be able to take into account any adverse effects on you or your property. You will no longer be considered an "affected party".
Changing your mind
You can change your mind after you have signed the form. However, you must advise the consent authority (and the applicant) in writing before it formally considers the application.
What are the relevant legal provisions?
Sections 95D(e), 95E(3)(a) and 95F(c).
Where can you get further information?
- Your Rights as an 'Affected Person', Ministry for the Environment, 2004
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Resource Management Act 1991: the Resource Consent Process, Christchurch Community Law Centre, 1998 (Pages 34 to 39).
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Your Guide to the Resource Management Act, Ministry for the Environment, 2004 (Page 51).
